LawState and Law

What is the subject of law?

The answer to the question of what a subject is, especially in the context of legal relations, plays a huge role in the formation of the organization of the society. What is such confidence? Of course, the subject is the central element, without which it is impossible to form the basic cells of the existence of human associations.

Essence defines behavior

Considering the question of what a subject is without regard to any sphere, it is almost always possible to give an unmistakable answer. This is either one, or a community of individuals united on some basis. It is this statement that gives the right to say that the existence of any relationship, including a legal one, depends on the subject. And if it is, therefore, there must be a certain set of powers and responsibilities associated with it.

In science, the designated complex is usually referred to as legal personality. It, in turn, is divided into three main areas: legal capacity, delinquency, and capacity. All three characteristics are inherent in the object under consideration, but what form they can take depends only on what the legal subject is.

Types and their characteristics

What is the subject? The answer to this question also depends on who it is. So, in science it is customary to distinguish between individuals, their organizations of various types and social communities. Let's talk about each separately.

So, individuals. In the theory of the state, they are classified according to the citizenship of the country in which they are at a particular moment in time. Consequently, there are non-citizens and citizens. The first, in turn, are divided into foreigners and persons with many citizenships or without it. Their legal capacity is generally the same, with the exception of political rights, namely in the electoral sphere. It occurs at the time of birth. Unlike it, full capacity is acquired from the moment of coming of age, which is determined depending on the host country. With it, and delictuality is acquired.

Organizations are both a more complex and simpler type of entities. The fact is that the full legal personality of them comes from the moment of registration or approval in the country of location. But the content of all three characteristics is regulated in detail by special acts. For example, subjects of Russia. Their existence is regulated not only by the Constitution, but also by special federal and local acts, which detail their activities in the light of the legal capacity provided.

Organizations are divided into two types: non-state (societies, partnerships, associations) and state (the country itself as a community of individuals, its bodies, enterprises and institutions).

Social communities are special subjects whose existence is of great value for constitutional and international law. These include the people, the population of a certain region or nation. As a rule, they all have their own special status of legal personality, fixed in special documents of the highest state order or international instruments.

Thus, the answer to the question of what a subject is, should look like this: it is the constituent element of all law, on which all the diversity of relations and their legal regulation depends .

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